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Is there a standard or presumed child custody arrangement?

On Behalf of | Sep 27, 2024 | Child Custody

In North Carolina, there is no automatic or standard child custody arrangement that favors one parent over the other. The courts do not presume that mothers or fathers are better suited for custody. Instead, both parents are treated equally. The key child custody factor the court focuses on is the best interests of the child.

How do state courts determine child custody?

When deciding on child custody, North Carolina courts prioritize what will best serve the child’s physical and emotional well-being. Several important factors influence the court’s decision. If the child is old enough and mature, their preference may be considered by the court, but the judge is not required to weigh the child’s preference more heavily than any other factor.

The court assesses which parent has taken on the primary caregiving role and has been the most involved in the child’s life. The court also looks to the child’s adaptation to their home, school and community plays a significant role and how custody with each parent will affect that adaptation. In fact, each parent’s home environment is evaluated for its stability and safety.

The Parent-Child Bond and how the parents work together is also examined. The Parent-Child Bond is the relationship between the child and each parent. The court also looks at each parent’s ability and willingness to work together to ensure a positive relationship between the child and both parents.

Each parent’s health history and any history of abuse and neglect are also considered. Specifically, the physical and mental health of each parent is reviewed in relation to the child’s well-being. And, if any history of abuse or domestic violence exists, it can strongly influence custody arrangements.

How to strengthen a child custody case

Being able to demonstrate that you can provide a safe and stable home is paramount. Next, proving that you can also provide a loving environment and already have a positive relationship can strengthen a child custody case. Plus, if you can demonstrate that you are willing to cooperate with the other parent, you will be well on your way to making a solid case for yourself.

And, always follow the judge’s orders. Comply with any current court orders regarding custody and visitation to show respect for the legal process and avoid consequences.